USC 42 1983 relief request

Question Details: 4th amendment vioaltion - use of physical force by law enforcement - no physical injury but not free to leave - involving son - a minor - what should be my relief request - and can I ask for a cash award

Asked 11/4/2009 under Personal Injury | 211 View(s) | More Legal Topics

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Personal Injury Law Answers

It's only a Fourth Amendment violation if the force used was no objectively reasonable under the circumstances, and that is evaluated giving the police the benefit of the doubt, not 20-20 hindsight, under the Supreme Court's decision in Graham v. Connor, quite a few years ago.

Even if you can prove a violation of your rights, if it turns out that the rights you're enforcing weren't "clearly established" at the time, the police can claim what's called qualified immunity, and you won't get paid.

These cases are difficult for experienced trial attorneys.  Without knowing a lot more about the incident, it's impossible to tell you that this is worth pursuing.

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